The IBA Guidelines are American rules, unfit for the European rules, and are useful as any document on ethics, but the parties are not obliged to comply with them, much less the arbitrators.
Lisbon Court of Appeal Date: 01-02-2018 Case Nr. 1320/17.0YRLSB-8 LINK DGSI Headline: The Arbitrator’s prior opinion on a given issue does not in itself imply a lack of independence or impartiality. Summary: The fact that the arbitrator has an opinion about certain issues does not in itself imply lack of impartiality or impartiality. In certain… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 01-02-2018 | Case #023
Lisbon Court of Appeal Date: 03-10-2017 Case Nr. 1177/17.1YRLSB-7 LINK DGSI Headline: In cases where omission to disclose is of substance that is fundamental in nature, this in itself would point towards a lack of independence or impartiality. Where the challenge is based on the fact that certain relevant evidence was not considered by the… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 03-10-2017 | Case #022
Lisbon Court of Appeal Date: 13-09-2016 Case Nr. 581/16.7YRLSB.-1 LINK DGSI Headline: A challenge to an arbitrator’s independence and impartiality is to be determined through an objective criterion, and not through the eyes of either party. A nomination for numerous arbitrations does not, by itself, constitute grounds for challenge of the arbitrator, especially in a… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | IBA Guidelines | Challenge of Arbitrator | 13-09-2016 | Case #021
Lisbon Court of Appeal Date: 29-09-2015 Case Nr. 827/15.9YRLSB-1 LINK DGSI Headline: Non-disclosure of relevant circumstances may lead to justifiable doubts against an arbitrators independence and impartiality. Summary: The arbitrator did not disclose at the time of his nomination or appointment: his previous participation in identical or similar arbitrations, as well as the opinion… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 29-09-2015 | Case #0020
Lisbon Court of Appeal Date: 24-03-2015 Case Nr. 1361/14.0YRLSB.L1-1 LINK DGSI Headline: Arbitrator can be disqualified for being repeatedly appointed by same party/law firm if the circumstances in question give rise to justifiable doubts. Provisions under IBA Guidelines on the Conflict of Interest in International Arbitration 2004, Orange List (3.1.3, 3.1.5 and 3.3.7) were referred… Read More »Lisbon Court of Appeal | Impartiality and Independence of Arbitrators | Challenge of Arbitrator | 24-03-2015 | Case #019
